Criminal or Civil - Misrepresentation as owner in property
Mr. X actively engaged with me for nearly two years regarding a drainage water seepage issue from his former flat. He knowingly represented himself as the owner, despite having executed a settlement deed transferring ownership in 2018. His involvement included phone calls, a group meeting with residents, and even discussions with the Municipal Corporation, all in the capacity of the owner. After a police summons was issued, he abruptly revealed he is not the owner. My advocate initially dismissed it as a civil matter. My question for the community is: Does his prolonged and active misrepresentation, which caused delay, harassment, and property damage, fall under criminal offenses like cheating (BNS 318) and cheating by personation (BNS 319) in addition to civil liability? How can we best argue that his actions demonstrate criminal intent rather than a simple failure to disclose, considering his consistent and active engagement over two years?
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